Page No.# 1/4 GAHC010049662025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2870/2025 NIBEDITA KALITA D/O LATE DHIRENDRA NATH KALITA RESIDENT OF DEVELOPMENT AREA T.V CENTRE PO C . R BUILDING DIST DIBRUGARH ASSAM 786003 VERSUS SRI BIMAN BORAH S/O LATE BOGAI BORAH RESIDENT OF KALYANPUR SEUJINAGAR P.O- SILAPATHAR DISTRICT- DHEMAJI. PIN- 787059 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HEALTH AND FAMILY WELFARE (A) DEPARTMENT DISPUR GUWAHATI- 781006. 3:THE DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI GUWAHATI- 781006. 4:THE JOINT DIRECTOR OF HEALTH SERVICES DIBRUGARH ASSAM Page No.# 2/4 ------------ Advocate for : MR. A K AZAD Advocate for : SC HEALTH appearing for SRI BIMAN BORAH Linked Case : WP(C)/1350/2025 SRI BIMAN BORAH S/O LATE BOGAI BORAH, RESIDENT OF KALYANPUR SEUJINAGAR P.O- SILAPATHAR DISTRICT-DHEMAJI. PIN- 787059. VERSUS THE STATE OF ASSAM AND 2 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, HEALTH AND FAMILY WELFARE (A) DEPARTMENT, DISPUR, GUWAHATI- 781006. 2:THE DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI GUWAHATI- 781006. 3:THE JOINT DIRECTOR OF HEALTH SERVICES DIBRUGARH- 786001 ASSA Advocate for the Petitioner : MR B D DAS, MR J LOTHA,MR. H R DAS,MRS R DEKA,MR H K SARMA Advocate for the Respondent : SC, HEALTH AND F W, BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER 17.09.2025 Heard Mr. N. Hoque, learned counsel appearing for the applicant. Also heard Mr. H.K. Sarma, learned counsel, appearing for the respondent/writ petitioner and Mr. M. Bhuyan, learned counsel Page No.# 3/4 appearing for the Health Department. 2. By way of this interlocutory application, the applicant is seeking impleadment as respondent No. 4 in WP(C) No. 1350/2025. The reason in support of the impleadment prayer read as under: - “2. That the instant writ petition has been filed by the Opp. Party No. 1/writ petitioner praying for a direction to the Respondents to promote the Opp. Party No. 1/writ petitioner to the post of Head Assistant in the office of the Joint Director of Health Services, Dibrugarh on the basis of the recommendation made by the Respondent No. 3 as per letter dated 19-11-2024. The applicant is a necessary party but she has not been made and party respondent. 3. That subsequently on 27-1-2025 the Respondent No. 3 issued a letter to the Respondent No. 2 whereby the gradation list dated 19- 11-2024 has been cancelled and a corrected gradation list has been forwarded to the Respondent No. 2. In the said gradation list dated 27-1-2025 the name of the applicant placed at Sl. No.2 and the name of the writ petitioner placed at Sl. No. 3. Therefore, the applicant is the senior than the writ petitioner. The instant writ petition has been filed by the Opp. Party No. 1/Writ Petitioner on 5- 3-2025 i.e. after cancellation of the gradation list dated 19-11- 2024. Therefore, the gradation list dated 19-11-2024 has no validity. The petitioner suppressed the aforesaid subsequent gradation list dated 27-1-2025. Therefore, the applicant is a necessary party to be heard. 4. That the applicant is a U.D. Assistant working in the same establishment i.e. in the office of the Joint Director, Health Services, Dibrugarh since 2016. The Opp. Party No. 1 has been joined in the office of the Joint Director of Health Services, Dibrugarh on 4-10- 2018. Therefore, the applicant is the senior than the Opp. Party No. 1.” 3. Reading the aforementioned paragraphs it appears that since the applicant is senior than the respondent/writ petitioner, the presence of the applicant appears to be necessary and proper for Page No.# 4/4 effective adjudication of the issue involved in the connected writ petition. 4. That being so, the prayer for impleadment stands allowed. It is provided that the applicant shall be added as respondent No. 4 in WP(C) No. 1350/2025. 5. Let an amended cause-title be submitted before the Registry for doing the needful. 6. The interlocutory application is accordingly disposed of. JUDGE Comparing Assistant